HomeMy WebLinkAbout3669 7Z - �� � �
1
Southold Town Board of Appeals
MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971
TELEPHONE (516) 765-1809
ACTION OF THE ZONING BOARD OF APPEALS
Appeal No. 3669
Application Dated September 4 , 1987
TO' Mr. and Mrs . Michael Lademann [Apnellant (s) 7
645 Pine Neck Road
Southold , NY 11971 -
Michael J . Hall , Esq . as Attorney
At a Meeting of the Zoning Board of Appeals held on October 8 , 1987 ,
the above appeal was considered, and the action indicated below was taken
on your [ ] Request for Variance Due to Lack of Access to Property
New York Town Law, Section 280-a
[ ] Request for Special Exception under the Zoning Ordinance
Article , Section
[X ] Request for Variancesto the Zoning Ordinance
Article III , Section 100-31 and
Article XI , Section 100- 119 . 2
[ ] Request for
Application of MICHAEL' 'AND. BETH LADEMANN for Variances to the Zoning
Ordinance , Article III , Section 0-: 3.1 an rticle XI , Section 100-.119. 2
-for permission to 1 ocate new .dwe.l 1 i ng with insufficient- setbacks _fro-m the
--northerly .front property 1 i ne ' al ong a pri.vat.e right-o.f-way and from the
nearest wetland grasses , premises known and referred to as Lot No . 1 , Map
of Blum and Littell , located along the East Side of Stillwater Avenue , '
Cutchogue , NY; County Tax Map Parcel No . 1000-.103-1 -19. 6 .
WHEREAS , a publi-c hearing was held and concluded on October 8 , 1987
in the Matter of the Application of MICHAEL AND BETH LADEMANN under Appeal
No . 3669 ; and
WHEREAS , at said hearing all those who desired to be heard ' '
were heard and-their testimony recorded; and
WHEREAS , the .Board has carefully considered all testimony
and documentation submitted concerning this application ; and
WHEREAS , the Board Members have personally viewed and are
familiar with the premises in question , its present zoning , and
the surrounding areas ; and
---WHEREAS ; the Board made the following findings- of fact :
1 . The premises in question is known and referred to as
Lot #1 on the Minor Subdivision Map of "Blum and Littell " --
approved by the Southold Town Planning Board under Map- No . 220
with frontage along the east side of Stillwater Avenue of 12-0 . 79
feet and along the south side of a private right-of-way of 287 . 54
feet , and containing a total lot area of 40 ,017 sq . ft .
2 . The subject premises is located in the "A-40 " Residential
and Agricultural Zoning District , is vacant., and is more particularly
identified on the Suffolk County Tax Maps as District 1000 , Section
103 , Block 1 , Lot 19 . 6 .
(CONTINUED ON PAGE TWO )
DATED: - October 13 , 1987 . CHAIRMAN, SOUTHOLD TOWN ZONING BOARD
OF APPEALS
Form ZB4 (rev. 12/81)
r
Page 2 - Appeal No . 3669
Matter of MICHAEL AND BETH LADEMANN
Decision Rendered October 8 , 1987
3. By this application , appellants request Variances to
locate a new single-family dwelling structure with setbacks at
not less than 20 feet from its closest point to the northerly
front property line along the private right-of-way and not less
than 41 feet from the nearest edge of wetland . grasses , as more
particularly depicted on survey prepared by Roderick VanTuyl , P . C .
amended lastly September 3 , 1987 .
4. Article iii , SecLioi`i ', Uu-3 - of tifie Luii-1 +i9 C06e
minimum frontyard setbacks at not less than 35 feet , or the
average established setbacks in the immediate area within 300
feet .
5. Article XI , Section 100-119 . 2 , subparagraph (B) requires
all buildings and structures located on lots adjacent to tidal
water bodies other than the Long Island Sound to be set back not
" less than seventy-five (75) feet from the ordinary highwater mark
of such tidal water body , or not less than seventy-five (75) feet
from the landward edge. of the tidal wetland , whichever is the
greater distance .
6 . It is the position of this Board that the location
requested by this application is the most feasible and does meet
the "practical difficulties " standards set by the Courts since
the circumstances of (a) the land contours and wetland areas
limit the buildable portions of the property , and (b ) .the lot
is a corner parcel as defined in Section 100-13 of the Code
having dual front yards .
7 . Accordingly : (a) the project as,- proposed will not in
turn be adverse to the safety , health , comfort , convenience or
order of the town ; (b ) the circumstances are not personal in
nature ; (c ) the relief requested is the minimal necessary
under the circumstances ; (d) there is no ther method
feasible for appellants to pursue other than a variance; (e )
the relief requested is substantial in relation to the require-
ments , being variances of 43% of the requirement for the
northerly frontyard setback , and 45% of the wetland setback
requirement.
8. It is further noted for the record : (a ) that special
attention must be given regarding final grading plans of this
site since the property contains ravines , as well as dwelling
elevations , via the Suffolk County Soil and Water Conservation
District [see September 28 , 1987 letter for comments] ; (b)
that the Southold Town Trustees have waived the requirement
for a Wetland Permit on August 27 , 1987 ; (c ) that the N . Y . S .
Department of Environmental Conservation has issued a condi -
tional permit under #10-87-1148 for this project with no
clearcutting or placement of fill within 20 feet of "edge of
wetlands , " etc .
NOW , THEREFORE , on motion by Mr. Grigonis , seconded by
Mr . -Goehringer , it was
RESOLVED , to GRANT .the relief requested under Appeal
No . 3669 for the proposed location of a new dwelling structure
as described in paragraph No . 3 , supra , in the Matter of the
' Application ,of MICHAEL AND BETH LADEMANN , SUBJECT TO THE
FOLLOWING CONDITIONS :
1 . There be no further reductions in either the northerly
Page 3 - Appeal No . 3669
Matter of MICHAEL AND BETH LADEMANN
Decision Rendered October 8 , 1987
frontyard area at 20 feet , or the setback from the nearest
wetlands edge at 41 feet , as requested ;
2 . The deck remain open and unroofed at all times , as
proposed ;
3. Outside lighting shall be toward the. ground and
not adverse to neighoor•ing properties -
4. The wetlands areas must be protected to the maximum
extent possible , including rain gutters draining into dry wells
(rather than upon the site ) ;
5 . During time of construction , a temporary berm must
be placed with the fill from the foundation excavation in
order to aid in the prevention of storm-water runoff and
in full compliance with the N . Y . S . Department of Environmental
Conservation conditions (particularly Condition No . 1 thereof) .
Vote of the Board : Ayes : Messrs . Goehringer , Grigonis ,
Douglass and Doyen . (Member Sawicki was absent . ) This resolu-
'tion was duly adopted .
l k
GERARD P. GOEd4RINGE , CHAIRMAN
11
October_..13 , 1987
NOTICE OF HEARINGS
NOTICE IS HEREBY GIVEN , pursuant to Section 267 of -the
`:own Law and the Code of the Town of Southold , the following
hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS
at a Regular Meeting at the Southold Town Hall , Main Road ,
Southold , New York , on THURSDAY , OCTOBER 8 , 1987 at the
following times,:
7 : 3 5 p .m. Appl . No . 3651 - .DEAN KAMEN . (Recessed from
-9/l 0/67 ) .
7 : 40 p .m. Appl . No . 3592 - BENTE SNELLENBURG . (Recessed
from 8/20/87 )
7 : 45 p .m. Appl . No. 3668 - GERARD C. KEEGAN . Variance
to the Zoning Ordinance , Article RI ; Section 100-119 . 1'( C ) for
approval of construction of fence in the easterly frontyard
area at a height of six feet . Location of Property : West Side
of Founders Path : and East Side of Hobart Road , Southold , NY ;
County Tax Map Parcel No . 1000-64-4-10 ; Founders Estates Lot 39.
7•:50 p .m . ' Appl . No . 3657 - CLYDE FRITZ . Variance to the
Zoning Ordinance , Article III ,- Section 100-31 for approval of
insufficient lot area , width and depth of two proposed "parcels
fronting along the westerly side of Cedar Lane , Southold , NY ;
County Tax Map Parcel No . 1000-78-7-45 . 1 , containing a total
area of . 694 of an acre .
7 : 55 p .m . Appl . No . 3663 - MARIO CASTELLI . Variance to
the Zoning Ordinance , Article III , Section 100-30 for approval
of sign as exists of excessive si4le in this "A-40 " Residential
and Agricultural Zoning District 'and advertising " Landscaping
& Sprinklers by Forever Green: " Location of Property : South
Side of North Road (C . R. 48 ) , Peconic , NY; County Tax Map
Parcel No . 1000-69-4-1 . 3
8 : 10 p .m . Appl . No . 3653 - NORTH ROAD ASSOCIATES . (Recessed
from 9/10,/87 ) .
8 : 15 p .m . Appl . No . 3593 and No . 3659 - QUIET MAN INN .
( Both hearings recessed -from 9/10/87 )
8 : 25 p .m . Appl . No . 3664 - ANA G . STILLO . Variance to rescind
prior decision rendered under Appeal No . 3562 on December 11 , 1986
for a conditional ' approval under New York Town Law , Section 280= a ,
and deleting Condition No . 2 of prior decision rendered under
Appeal No. 3619 on April 2 , 1987 , and as an alternative being
subject to ' New York. Town Law , Section 280-a over the existing
~ Page 2- Notice of Hearings
Southold Town Board of Appeals
October 8 , 1987 Regular Meeting
right-of-way approximately 100 ft. to the east of the subject
right-of-way (approved or to be approved and accepted by the
Planning Board for this set-off division of land ) , located
alonq the north side of Main Road , Orient , NY ; County Tax Map
District 1000 , Section 14 , Block 2 , Lot 26 ; and Lot 12 . 2 .
i
8: 35 p .m . Appl . No. 3670 - ROBERT H. FREY . Variance to
the Zoning Ordinance , Article XI , Section 100- 119 . 2 for per-
mission to locate open deck construction with an insufficient
setback from existing bulkhead at Harbor Lights Estates ,
Section I , Lot 10 , Southold , NY ; County Tax Map Parcel No .
1000-79-04-08.
8 :45 p .m . Appl . No . 3669 - MICHAEL AND ELIZABETH LADEMANN .
Variances to the Zoning Ordinance , Article III , Section 100-31
and Article XI , Section 100-119. 2 ' for permission to locate
new dwelling with insufficient setbacks from the northerly
front property line along a private a right-of-way and
from the nearest wetland grasses ., premises known and . referred
to as Lot No . 1 , Map of Blum and Littell ; located along the
East Side of Stillwater Avenue , Cutchogue , NY ; County Tax Map
Parcel No . 1000-103-1 -19. 6 .
The Board of Appeals will hear at said time and place
all persons or representatives desiring to be heard in each
of the above matters . Each hearing will not start before
the time allotted. Written comments may .be submitted 'prior
to the conclusion of the subject hearing. For more informa-
tion , please call 765-1809 .
Dated : September 28 , 1987 . BY ORDER OF THE . SOUTHOLD TOWN
BOARD OF APPEALS
GERARD P . GOEHRINGER , CHAIRMAN.
Linda Kowalski , Board Secretary
----------------------------------------------------------------x
Notice to Newspapers : Please publish once , to wit : October 1 ,
1987 , and forward six affidavits of publication on or before
October 6th to : Board of Appeals , Main Road , Southold , NY
11971 . Thank you .
----------------------------------------------------------------x
FORM NO.3
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
TOWN CLERK'S OFFICE
SOUTHOLD,N.Y.
NOTICE OF DISAPPROVAL
File No. . . . . . Data . . . .. . . . . . . . . . . 19 17. .
PLEASE TAKE NOTICE that your applicatio �ated . . . . . . . .� . . . . . . . . .. 19 .�.I. .
for permit to construct . Q.. . .a'!�R-. Q�!^^�� . . . . . .0 . . . . . . . . . . . . . . . . . . . . at
Location of Property �i•�:`'v: . ,��. . . . .7. . . . . . . . . r . . . . ' (AA.. . . . . . . . . . . .
House No. Street 1 I10mlet
County Tax-�Ma�p No. 1000 Section . . . . . Block . . . .q .1. . . . . . . Lot . . .
Subdivision ?... . . . . O!� V�.. 1 ilccl M;il� Nn. . . . .,-.. . . . . . . Lot No. . . . . . . . . . . . . . . . . .
is returned herewith and disapproved on the following grounds
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Juiiltllinig Inspector
rev IM10
P7
z �► I 'hip * TOWN OF.SOUTHOLD, NEW YORK
SPEt h1DI LQJM DECISION OF BUILDING INSPECTOR APPEAL NO. I
9/'�
.
DATE ............/87..................
TO T I G BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y.
(We) Michael..&..9jizapeth..�r?d�!a????.........of ....�?45 P ?��.Neck,Road....:...............................
Name of Appellant Street and Number
Southold New York
.......................................................................... ............................HEREBY APPEAL TO
Municipality State
THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON
APPLICATION FOR PERMIT NO. .................................... DATED ........Mai:..D,.J.9a7.........................
WHEREBY THE BUILDING INSPECTOR DENIED .TO
Michael & Elizabeth Lademann
.................................................................................
Name of Applicant for permit
of 645 Pine Neck Road, Southold, New York
..................................................................................................................................
Street and Number Municipality State
( ) PERMIT TO USE
( ) PERMIT FOR OCCUPANCY
( X) Permit to Construct
1. LOCATION OF THE PROPERTY R MV..Off. Stil.lwat.er. ..Ave...,. Cutchogue
....... . . ...... . . ...............................................
Street /Hamlet / Use District on Zoning .Map
District 1000 Section 103131 ock01 Lot19.6 Current Owner Michael Elizabeth Lademann
..•.
lvlop No. 220 Lot No. 1 Prior Owner. Gloria Littell & Marilyn Blum
2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub-
section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.)
Article III Section 100-31 Article XI Section 100-119.2 Article I Section. 97-13 (3)
3. TYPE OF APPEAL Appeal is made herewith for (please check appropriate box)
( X) A VARIANCE..to the Zoning Ordinance or Zoning.Map ,
( ) A VARIANCE due to lock of access (State of New York Town Low Chap. 62.Cons.; Lows
Art. 16 Sec. 280A Subsection 3
( )
4. PREVIOUS APPEAL A previous appeal ftWhas not) been made with respect to this decision
of the Building Inspector or with respect to this property.
Such appeal was ( ) request for a special permit
( ) request for a variance
andwas made in Appeal No. ................................Dated ..................................................
REASON FOR APPEAL
( ) A Variance to Section 280A Subsection 3
F) A Variance to the Zoning Ordinance
is requested for the reason that the rear portion of the parcel' to be built on has been
determined to be wetlands and therefore, the owners do not have sufficient
remaining depth upon which to construct their house and deck without the front
and rear yard set backs.
Form zB1 (Continue on other side)
REASON FOR APPEAL Continued ZO u `'
= ft
1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties'ounnec '-
sory HARDSHIP because this parcel which is one buildable lot in a minor, subd rvi �.
approved by the Town of Southold on June 22, 1981 contains a type' o gass �
which has been determined to be wetlands. Without the area variances sought
here today, the owner will not be able to build on this recently created
parcel.
2. The hardship created is UNIQUE and is not shared by all properties alike in the immediate
vicinity of this property and in this use district because of the four parcels in the Minor
Subdivision of Blum and Littell, the applicants parcel has the least
amount of depth.
3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE
CHARACTER OF THE DISTRICT because two of the four lots on the subdivision
referred to in numbers 1 and 2 above, already have completed dwellings and in order
to build a house and deck which conform to the character of the neighborhood,
and observe the purpose of the Zoning Ordiance as stated in Section 100-10
these Variances are necessary.
STATE OF NEW YORK )
ss .....
( fCR/� ......
-. G�nrnr�
COUNTY OF SUFFOLK ) Signature
Sworn to this ..............3rd......................... day of......September................................ 1987
.................. ... ........ .............................................
otary Public
MICHAEL J.HALL
JiMary Public,
Na�,S 6b38Now York
Gualitiad in Suffolk County
Commhmlon Expires Feb 28, 1990
el�
TOWN OF SOUTHOLD PROPERTY RECORD CAR®
OWNER STREET VILLAGE DIST. SUB. LOT
FORMER /OWNER N ( E
�•'—t�...1'c� � r Vl LI l-K � Gf_.{-f G7 X Y I�. fC. ,�,� ',:'�
S / W. TYPE OF BUILDING
Wl7
RES. SEAS. VL. FARM COMM. CB. MICS. Mkt. Value
LAND IMP. TOTAL DATE REMARKS
fl
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Tillable FRONTAGE ON WATER
Woodland FRONTAGE ON ROAD
Meadowland DEPTH
House Plot BULKHEAD
T•ota l
r �, _, r SUFFOLK CO. HEALTH DEPT. APPi
H. S. NO.
A 1�;P?+02 5Uf%f,?i�,J'Itg( `tf i Nij�,i F
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Et
A
STATEMENT OF INTENT
7 SINGLE FAM THE WATER SUPPLY AND SEWAGE I
���\r`� `` • -__ V�•� �� } i i EXPIRES TWO YEARS DWELUNG OI�,�LY SYSTEMS FOR THIS RESIDENC
OM DATE OF APPRO A
CONFORM TO THE STANDARDS
� r =.E SUFFOLK CO: DEPT. OF HEALTH S
L fir. T v, j __� _ _�, r
. � t� &ra �, - �- � P20P:WEAL�----`- --•- -ISO--•-_-- - �: t':� _ . _ _, "t'- �_t�+l�L ... APPLICANT
SUFFOLK COUNTY DEPT. OF
3._ - g;1J rAI.ti , SERVICES - FOR APPROV,
,4 i PrLr�Q.'. ►�ous� - 1 � .� .,5.,�t ( ,. a, CONSTRUCT ON ONLY
DATE:
3 << Sa
H. S.'�EF. N
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SUFFOLK CO. TAX MAP DESIGNP
APP�t}�_ �4� i �_ .` , DIST. SECT. BLOCK
�y Of ►1^13
OWNERS ADDRESS:
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SOUTHOLD, N.Y. 1197 f
-' DEED: L:i i0 P.
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TEST HOLE STAMP
�,(�,}•� `-`'� �.,,.,�-} -'t.,t N r•- �. � alnerrtttorb+ri efterstinn
r t ;Q i to th11 survey is a violvi•
`'C �} � ,,� SNr;n 72 !of tho roes.
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sera W-11 het
to be a vale:truo cc"y.
G Parw-
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is Prostarsd.and on his F
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4 ndins irstivition IisteG;
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to tha w£aignaer of tiiC It•
i
,. } .. �.... r..�. .+,. tution.Guarsmeas a,L n-
- sal to r Aitional ins'-w icns
SEAL
OF NEF
�RODERICK VAN,,, -VYL, P
cl
LICENSED LAND SUR ,EYORS !' Zs�O<s 256
GREENPORT NEW`YORK LAr�IO
'IPOYNE POST N81329 - ,
11 ew York State
Department of Environmental Conservation
M P
TI
The Department of Environmental Conservation (DEC) has
issued permit(s) pursuant to the Environmental Conservation
Lave for work being conducted on this site. For further informa-
tion regarding the nature and extent of work approved and any
Departmental conditions on it, contact the Regional Permit
Administrator listed below. Please refer to the permit number
shown when contacting the DEC.
Regional Permit Administrator
Permit No. - kf
7�p
A,! IV W
Expiration Date - -
95-20-1 (11/82) NOTE: This notice is not a permit
TRANSCRIPT - OF HEARING
SOUTHOLD 'TOWN BOARD OF APPEALS
REGULAR •MEETING OF
THURSDAY, OCTOBER 8, 1987
App1 . - No .3669
App_licant (s ).: MICHAEL AND ELIZABETH LADE14ANN
Location of Property : E/s Stillwater Avenue, Cutchogue
.County Tax_.Map .ID No . 1000-. AD3=
Board Members present were : Chairman Goehringer P . Goehringer ,
Members : Grigonis, Douglass, Doyen and Sawicki. :
Absent was : (None) Also present were: Victor Lessard (Building Dept. ).
Linda Kowalski, Z .B.A. Secretary, and approximately persons in the
audience.
The Chairman opened the hearing at 9 :00 o ' clock p .m. and
read the notice of hearing and application for the record .
CHAIRMAN GOEHR-INGER: I have a copy of the survey produced by Roderick
VanTuyl, P.C. ,-'the most recent dale is September 3, 1987 indicating
..,.the...lot:; with the proposed house superimplanted approximately in the
. .center more toward the north property line adjacent 'to the right-of-
way; 88 feet from Stillwater Avenue, 41 feet from the edge of the
wetlands. And I have a copy of the Suffolk County Tax Map indi-
cating this and surrounding properties . in the area. Mr. Hall, would
you like to be heard?
MR. HALL: Thank you. I'm reading tonight. Before I being my pre-
sentation tonight, I want to emphasize the:.applicants have already
obtained, obviously after- a lengthy process, a permit from the Suf-
folk County Health Department, the D.E.C. and we have also obtained
a waiver from the Southold Trustees. I point this out because these
are the three agencies really entrusted to control and protect the
wetlands . ItIs my intention tonight to touch on the areas not spe-
cifically addressed in the application which you just read. When
the Zoning Board considers the granting- of an area variance from
the Town Code, it is guided by the standard of practical difficulty.
The applicant does not have to show hardship, no reasonable return
or even unique,: circumstances as for a use variance. Robert Anderson,
in Anderson Zoning, at page 211 wrote; an applicant for an area vari-
ance can satisfy the requirement that he is experiencing practical
difficulties as a result of a literal application of the Zoning Or-
dinance by showing that he can not make a reasonable ' use of his land
due to its peculiar size, shape or grade. The wetlands ordinance
requirements have effectively reduced the size of Beth and Michael`
Lademann' s •parcel by almost' a third and it reduces depth by at :'least
25 feet and by as much as 100 feet. Thus, there are practical dif-
ficulties. Anderson goes on to say on-page 212; where the application
,of setback regulations to the applicant' s corner lot will limit the
Page 2 - October 8, 17
Public Hearing - Mic,. _ _;1 and Elizabeth Lademann
Southold Z .B.A.
MR. HALL°_ (continued) :
useable portion of the land, he suffered practical difficulties
and was entitled to a variance which would permit construction of
a building of reasonable size. ' The house that Beth and Michael
plan to construct is approximately 1, 800 square feet. Certainly
reasonable to say the least. And it is the setback requirements
that limit the useable portion of the Lademann's land. Given that
there are indeed practical difficulties, which would call for the
granting of the variance sought. This might be negated, again, to
quote Anderson, if the difficulties are self created or if they
bought into them. According to, and please let the record reflect
the following:. Michael and Beth Lademann purchased the lot which
is the subject of this application on May 17, 1985. After the en '
actment of the wetlands ordinance which is why we':re here today.
They went to contract on this lot on February 27, 1985. I 'm pre-
pared to give to the record if you want it, a copy of the original
contract. This is before the enactment of the wetland setback re-
quirement which was enacted March 27, 1985. I point this out to
the Board tonight so that your record accurately reflects the fact
of hardship and practical difficulty are not self-created but are
a result of a law passed after they signed a binding contract.
Moreover, the wetland of Beth and Michael's property is a wetland
rest and the nearest action of water, as indicated on the minor
subdivision map of Blum and Littel, which is on file with the town,
is approximately 800 feet from',.-,the proposed house and deck. Also,
the Board should be aware that this lot was purchased out of a minor
subdivision which was fully approved by the town in 1984 and, that
vacant land c.o. Z-12766 dated September 12, 1984, was issued for
this lot indicating at that time, it was a buildable lot. The ap-
plicants and their attorney relied in good faith on that approved
map and that c.o. in purchasing this property. As a final criteria,
the Board must consider whether the application if granted, would
,injure the immediate neighborhood by nonconformance. To the con-
trary, this lot is on the corner formed by Stillwater Avenue and a
private right-of-way which is opposite Peconic Bay Vineyards. Thre
are only four lots on this right-of-way. Those lot created in the
Blum Littell subdivision. Two of which already have homes completed.
The setbacks sought here today would conform to this minor subdivi-
sion and leave a large buffer from the wetlands grass. It is also
important for me to note tonight that the present site and location
of Beth and Michael' s proposed house and deck are the result of
countless conferences with the Health Department, the D.E.C. and
Trustees and that the frontyard and wetland setbacks sought here
today are absolutely innermost. Stricter application of the set-
back requirements could actually create a situation which might in-
jure the neighborhood by forcing the construction of an extremely
narrow or shallow house or one without a useable backyard. On a
slightly different issue, no application of any Southold Town body
would be complete today without some mention of the affordable
housing issue. I realize that this is a consideration for the Town
Board, but I .think.'_it is relevant and .important .for .the Zoning -Board
to consider in that the purpose and provision of the Zoning Ordinance
and under Section 100-121B of the Zoning Ordinance quote; "so the
spirit of the chapter be observed and substantial justice is done" .
' `Page 3 - October 8 987
Public Hearing - M, ael and Elizabeth Lademan
Southold Z .B.A.
MR. HALL (continued) :
Beth and Michael Lademann are the epitamy of the people who need
and are entitled to affordable housing. Michael and Beth paid
28, 000 for this lot two and a half years ago. I get emotional
about this. At that time, they had a one -year old baby and they
both worked full time for a combined. . . . Excuse me.
CHAIRMAN GOEHRINGER: I was just going to comment on your reading
was pretty well.
MR. HALL: . . .for a combined gross income of about 25,000 dollars
a year. And I know of my own knowledge, that since that time, they
have paid off the mortgage on this lot in full with literally every
dollar they could spare. I would also not that they plan to build
their home with their own hands, (I did the same thing when I got
married::) because they couldn't afford to hire a general contractor.
Beth walked into my office in tears back in May of this year when
she received a notice of disapproval instead of a building permit.
She has worked to bring the house as nearly as possible in confor-
mance since that date. I am very aware that variances apply to
the land and are not to the person. In this case, however, ..I-: think
Beth and Michael Lademann, as applicants who represent the type of
class of applicants who deserve every consideration this Board could
possibly give-in order to do substantial justice. They, or any other
working class applicant before this Board can not afford to write off
an unbuildable lot as a real estate developer could. If this vari-
ance is not granted, then strict application of this ordinance will
be much more than a hardship. It will be a personal tragedy and a
real loss to Southold. One more paragraph. Finally, I'd like to
point out that Beth Lademann have already relocated and reconfigu-
rated their house and deck several times in order to satisfy the
requirements of the Trustees and the D.E.C. Accordingly, I would
ask that the Board approve this variance as applied for. Thank you.
CHAIRMAN GOEHRINGER: We .donIt see you too often any more Mike but
that was great. Before you leave, I just want to ask you a question
and . I realize that the size of the' house, the conformity of the house
is of utmost importance to these people. There are two ,things. One
thing I have to ask for and the other thing I wanted you to think
about, if there' s a possibility. There's no possibility of moving
the house a little farther to the east which would give you a little
bit farther distance away from the wetland grasses.
MR. HALL: We've already moved it. We've moved it three times al-
ready.
MRS. LADEMANN: . That would be my only yard. That' s the reason- why
I kind of hate to do it because I only have that' short distance for
the back behind the deck which I can' t really use. So that would'
be my only.. . . .
CHAIRMAN GOEHRINGER: So that whole --low area is going to be your
yard.
Page 4 - October 8 , 1987
Public Hearing - Mic: :l and Elizabeth Lademann
Southold Z.B.A.
MR. HALL: The whole area between their house and Wick' s would be
effectively, their backyard because they can't go downhill towards
the wetlands.
CHAIRMAN GOEHRINGER: How wide is the right-of-way presently? So
basically the brush starts approximately 5 feet from the actual
property line. Is that what we're saying? Could you stake that
approximately in the front of the house where the actual right-of-
way starts and your property actually starts in other words?
MR. HALL: The question is not only where the pavement right-of-way
is but where the gravel is. Is that right? That's what they want
.to know.
CHAIRMAN GOEHRINGER: I want to know how far the house is actually
going to be from the gravel.
MR. LADEMANN: Twenty-five, twenty-six feet, somewhere in there.
CHAIRMAN GOEHRINGER: I saw poison ivy and I didn' t want to enter.
Ok. ' So you will stake that for us approximately where the house
starts.
MR. AND MRS. LADEMANN: It is staked.
CHAIRMAN GOEHRINGER: It is staked. I didn't see the staking of it.
I just saw the property lines down below in the hill. Ok. I' ll go
back and look at it. Thank you. Anything else you'd like- to say
for the record? Mr. Winters.
MR. WINTERS: Thank you. I'm Richard Winters, father of Elizabeth
Lademann. I was going to try to fill in a couple of things. How-
ever, I think counsel has done a very adequate job. I don't think
he missed a thing. I would like to ask for the Board's sympathetic
consideration of the request. And without beating a path over that
area already covered by counsel, '..I can confirm that they did buy the
lot. The money that they used to but it, for the most part, was
borrowed from a local. bank. And through their own efforts, they
have now repaid the loan and now own the property free and clear.
They did go to a great amount of trouble when they purchased it to
make sure that it was a legal building lot, that it was a lot of
land on a fully approved minor subdivision map. They went to the
trouble of getting a vacant land c.o. And when they submitted an
application for the building loan, were somewhat shocked, or build- ._
ing permit, shocked to find that they had to go through the gauntlet .
of the D.E.C. because they needed the Zoning Board ofiAppeals. I '
think I'd like to address just for a moment, the big picture as it
relates to all lay people and the public in general when purchasing
a piece of property off a file or approved map that has been through
the various bodies and Boards of review with not only the town but
with other county, state agency. It would see to me that in those
cases,.-where Iyou are buying a legal building lot,: something that has
received a full approval of these bodies, that that approval should
say for the future. I don' t think it' s fair. Yes , in this case we
r Wage 5 - October 8 987
Public Hearing - M: ael and Elizabeth Lademan
Southold Z .B.A.
MR. WINTERS (continued) :
have a young couple that' s struggling. A very local couple. They
are not developers. They want to build their home. And it' s par-
ticularly unfair in their case because they can't. They not only
don't understand why they have to go through this, but they can' t
afford it as well. And obviously it cost money and time. And
the more time that goes by, the higher the cost of two by fours.
But it-would seem to me that the general public, if they buy a
piece of property off a filed or fully approved map, that that' s
what they should be able to rely on. They should not have to go
back through this Board, through the D.E.C. I'm not sure how that
question or problem should be addressed or by what level or by what
body. But it certainly is an unfair situation for them to have to
face and I appeal to this Board to give favorable consideration in
this particular case and hopefully somehow or other, the town can
face the overall issue and see if that problem can't be cured. I
think that's a serious problem. I thank you for your consideration.
CHAIRMAN GOEHRINGER: Thank you sir. Is there anything that would
like to be said by the couple? Would you like to say something else?
Beth? Nothing. Ok. Anyone like to speak against the application?
Hearing no further questions, I make a motion closing the hearing,
reserving decision until later.
All in favor - AYE.
COUNTY OF SUFFOLK
MICHAEL A. LOGRANDE
SUFFOLK COUNTY EXECUTIVE
DEPARTMENT OF PLANNING LEE E. KOPPELMAN
360-5206 DIRECTOR OF PLANNING
October 19, 1987
Town of Southold
Zoning Board of Appeals
Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County
Administrative Code, the following application(s) which have been referred to
the Suffolk County Planning Commission are considered to be a matter for local
determination. A decision of local determination should not be construed as
either an approval or a disapproval.
Applicant(s) Municipal File Number(s)
Michael & Beth Lademann 3669
Very truly yours,
Lee E. Koppelman
Director of Planning
S/s Gerald G. Newman
Chief Planner
GGN:mb
VETERANS MEMORIAL HIGHWAY
HAUPPAUGE. L.I., NEW YORK 11788
(51 6)360-51 92
� l
Southold Town Board of Appeals
MAIN ROAD - STATE ROAD 25 SOUTHOLD, L_.I., N.Y. 11971
TELEPHONE (516) 765-1809
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS, JR.
SERGE DOYEN, JR.
ROBERT J. DOUGLASS
JOSEPH H. SAWICKI
Pursuant t'o Article XIII of the Suffolk County Charter , the
Board of Appeals of the Town of Southold , New York , hereby refers
the following to the Suffolk County Planning Commission :
Variance from the Zoning Code , Article III, Section100-31 and
Article XI, Section 100-119 . 2
Variance from Determination of Southold Town Building Inspector
Special Exception , Article Section
Special Permit
Appeal No . : 3669 Applicant : Mr. and Michael Lademann
Location of Affected Land : Stillwater Avenue, Cutchogue, NY
County Tax Map Item No . : 1000- 103-1719. 6
Within 500 feet of:
Town or Village Boundary . Line
_ XX_ Body of Water (Bay , Sound or Estuary )
State or County Road , Parkway , Highway , Thruway
Boundary of Existing or Proposed County , State or Federally Owned Lan(
Boundary of Existing or Proposed County , State or Federal Park or
Other Recreation Area
Existing or Proposed Right-of Way of Any Stream or Drainage Channel
Owned by the County or for Which The County Has Established Channel
Lines ,
or Within One Mile of a Nuclear Power Plant
Within One Mile of An Airport .
COMMENTS: Applicant is requesting permission to locate new dwelling
with insufficient setbacks from the northerly front property line along
private right-of-way and from the nearest wetland grasses .
Copies of Town file and related documents enclosed for your review.
Dated : October 16, 1987
., �oc��FFOC,r��G
Southold Town Board of Appeals
MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971
TELEPHONE (516) 765-1809
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS, JR.
SERGE DOYEN,JR. October 14 , 1987
ROBERT J. DOUGLASS
JOSEPH H. SAWICKI
Michael J . Hall , Esq .
Youngs Avenue
Southold , NY 11971
Re : Appl . No . 3669 - Michael and Beth Lademann (Variances )
Dear Michael :
Transmitted herewith for your file and perusal is a copy
of the official findings and determination recently rendered
by the Board--of Appeals , the original of which has this date
been filed with the Office of the Town Clerk.
Please be sure to return to the Building Department for
issuance of any permits or other approvals in writing as may
be applicable .
Please do not hesitate to call either our office (765-1809)
or that of the Building Inspector (765-1802 ) if you have any
questions .
Yours very truly,
GERARD P . IOEHRINGER
CHAIRMAN
Enclosure
Copy of _Decision to :
Building Department By .Linda Kowalski
Suffolk County Planning Commission
-20-6(9/86)-25c NEW YORK STATE DEPARTMENT OF,ENVIRONMENTAL CONSERVATION
DEC PFRMH NUMBER � EFFECTIVE DATE
10-87-1148 ® 9 23 87
/ /
FACILITY/PROGRAM NUMBER(s) PERMIT EXPIRATION DATE(s)
N/A Under the Environmental Conservation Law 9/30/92
Article 15, Title 3; 6NYCRR 327., 6NYCRR 608: Article 25:
328, 329. Aquatic Pesticides Water Quality Certification Fx_1 Tidal Wetlands N
Article 15, Title 5: Article 17, Titles 7, 8: Article 27, Title 7; 6NYCRR 360:
Protection of Water SPDES Solid Waste Management*
Article 15, Title 15: Article 19: Article 27, Title 9; 6NYCRR 373:
Water Supply Air Pollution Control* Hazardous Waste Management
Article 15, Title 15: Article 23, Title 27: Article 34:
Water Transport Mined Land Reclamation Coastal Erosion Management
Article 15, Title 15: Article 24: Article 36:
Long Island Wells Freshwater Wetlands Floodplain Management
Article 15, Title 27: N—New, R—Renewal, M—Modification, Articles 1, 3, 17, 19, 27, 37;
Wild, Scenic and Recreational C—Construct (*only), 0—Operate (*only) 6NYCRR 380: Radiation Control
Rivers
PERMIT ISSULD TO
Michael J. Ladenann
ADDRESS OF PERMITTEE
645 Pine Neck Rd., Southold, NY 11971
AGFNT FOR PERMITTEE/CONTACT PERSON TELEPHONE NUMBER
N/A
NAMI AND ADDRI SS OF PROJECT/FACILITY(If different from Permittee)
Eugene's Creek, right of way off Stillwater Ave. SCIM No. 1000-103-1-19.6
nCATION OF PROIFCT/FACILITY COUNTY TOWN/CITY/VILLAGE UTM COORDINATES
Cutchogue Suffolk Southold
DFSCRIPIION Of A011IlORIZLD ACTIVITY
Construct a single family dwelling with deck and install septic system; place fill and driveway
in areas 50' or more from "edge of wetlands" identified on referenced plans. All work to be
in accordance with attached plans approved by NYSDEC.
GENERAL CONDITIONS
By acceptance of this permit, the permittee agrees that the permit is contingent upon strict compli-
ance with the ECL,all applicable regulations and the conditions specified herein or attached hereto.
1. The perrnittee shall file in the office of the appropriate regional permit administrator,or other office designated in the special conditions,a notice of intention to commence
work at least 48 hours in advance of the time of commencement and shall also notify him/her promptly in writing of the completion of the work. .
2 'The permitted work shall be subject to inspection by an authorized representative of the Department of Environmental Conservation which may order the work suspended if
the public interest so requires pursuant to ECL§71-0301 and SAPA§401(3).
i The perrnittee has arc opted expressly,by the execution of the application,the full legal responsibility for all damages,direct or indirect,of whatever nature,and by whomever
uif fered,arising out of the project described herein and has agreed to indemnify and save harmless the State from suits,actions,damages and costs of every name and descrip-
tion resulting frorn the said project.
4 The Department reserves the right to modify, suspend or revoke this permit at any time after due notice,and, if requested, hold a hearing when:
a) the scope of the project is exceeded or a violation of any condition of the permit or provisions of the ECL and pertinent regulations are found;or
b) the permit was obtained by misrepresentation or failure to disclose relevent facts;or
c) newly discovered information or significant physical changes are discovered since the permit was issued.
S 1 he perrnittee is msponsible for keeping the permit active by submitting a renewal application,including any forms,fees or supplemental information which may be required
by the Department, no later than 30 days(180 days for SPDES or Solid or Hazarduous Waste Management permits)prior to the expiration date.
b t his perimt shall riot be r onstrurcl as conveying to the applicant any right to trespass upon the lands or interfere with the riparian rights of others in order to perform the
pernulted work or is authorising the impairment of any rights, title or interest in real or personal property held or vested in a person not a party to the permit.
7 The perrnittee isn•sponsible for olihiming any other permits, approvals, lands, casements and rights-of-way which may be required for this project.
8 Issuance of this perms by the Department does not,unless expressly provided for,modify,supersede or rescind an order on consent or determination by the Commissioner
issued heretofore by the Department or any of the terms, conditions, or requirements contained in such order or determination.
9 Any modification of this permit grantet )mpktirmhziust be in writing and attached hereto.
PERMIT ISSUANCE DATE PERMIT ADMINISTRATOR ADDRESS
9/23/87 Alfred T. Kellar Bldg. 40 SUNY, Rm. 219 Stony Brook, NY 11794
AUTHORIZED SIGNATURE
C Page 1 of 3
cc; C.T. Hamilton
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1 11„•"1", It,,, f,, will] III.1,'ill ,,ill 11,11 V,-d I. 111,III'1 !
IwIlaflrlll'lll III III\II,1I1111,'l1I.1111111.,'I\,It lull I•l ��\II\ I11,11,'I I.1,,n,'11/!,"I III .II' 1",,..•.„I,.,I•„• :II. \\"Il II,'l' I�,•1I,• '
I' .Il,l ,Jo.• llnll'a.,,n,l h1,'ooKllll(hill] In Illy If+ - Ild\Ig.11 l(lll ell \111d .IId 11 Ili'II'llln\t'll t•\•„111\ \\llllU(tl h 111119 i,,11!r•IrIU.f'Illlf' '"W'"J,,,,•
„1 Illnld flow. or ,'nddlipev th" II-11111 1,11111\ of w"llal(' W Ili, lied 111 .I will l`I\+,I\ fu lio(gn-1.11" III d-.1. lulu'. Owl Ill,]\
If- n,•npll -I Ilw ill I duel lo\. w de11111(Ilnll ill Ile Itd1ol.11 IvIld.-II(\ III t au.1 f1JnldRr.II, Il,l\Ig,111,• l 11wilu'I. of I„ if.. I......
11'\Illll,1"1 of Ill,'\I.10 the ow net flld\ I),•(mli-o-d ll\'III(-I h-pdrllllt'nl to d ".IWMJ\
I 11IM'(' n1 .1111•1 Ilir uti(lulal walk, obsLru(Il(ln+. W haiald. (nu%t'(l 15 1 hene shall fir nil kill[ed.(lud fill-uelrrl t•rem I•with na vlg,tl If ill M IIit•wfln
th,'l,•u\ wllllfwl expenNf. In flit, State, ,lilt] II. upon Iflt exint,,non of helmf d Lit horiied
rl'\"OI I oll ill fill, pernnl. the at I if(I tit e IIII ea.(a\dnun of other
16 11 upon the evlludnon of Irvo(,IW)it tit Ihn penult Ili„pinn'(I hen•h\
rnodul(,n1nn of the wafer(ouru' herebv authonied +hall not he (out
authnnled lid,not been(ontplrled the Ilppll(ant+hall w nhoul,•vl n'll..•
III(-I -d flit owner s11a11, without expense to the Mail- and to such to the Male ]slid to such exlenl Jnd In ,It(If lame Jnd nwnrl"I a. III,
l•\tent ,Intl lit\Ii(h 11111( Jnd rtl,innel d\tit(-l)eI),trtnif•nl or I nvlrortlltelil,ll' I)elldrtntenl of I rlvlronitt('nlal(of1N•rv,111011 Itld\•11-MIII,' wriwv, ,Ill--I
( nil+er\Jnon nlJ\ le(luue,remove all or;In\'porlion of tilt'tin(ompleted in\' portion id file tin(ontplefed striwitow (it 1111 ,Ind ff'sfole It,,, ,ill
\IIII(line of Illl ,ind IeSlole 10 It. Iorlttf•1 (ondll lot) till' navigable IO 11\ IOfit lei f(Ind it Nil (lit fill 511rt 11 ill• !Wade dga l if II%I- 11 IIe ill
Ilid IIfo(I I aI),I(I I v of the wafer(oil(St. No(lalm%Ito II b,'made agaimt New 'rofk nil dc(nuns of an\ stir h removal of ,Ihelannn
the 1,1.11 f'ill.! ew )ofk oil al.(oil nI III any such ren lot al of al f era]lorl
17 II granted under Article ill. till, pennll doe\ Wilt slgnu\ ill ,tm wu\
1 I 111,11 the tital(' of New 1o1k shall n1 no(ate he hahle tot am damage that tht• project will he nee from flooding
of fnlury to the Suueune or work herein aufhanle•d which nlav h(•Caused 1H 11 granted under I, NYCRR fart Wlt• the NYS Uepartlne•nl of I nvilon-
h\ of resin! Iron future operations undertaken by the Stale Ior the
mental Comenation herehv coruiles that the sullject plolecl will not
(on.ercalion or lrnprovenlew of navigation,or for other ptlrpo%e• .and (ontravene effluent llmftatiom or other linulaliom of Stdnd,llds un(ier
nil clafrn or right to compensation ahall accroe front an\ Such damage Sections 301, 102. 303, 306 and 307 of the Clean 41 aler .Act ill 1977
l Granting of flits permit dues not relieve the applicant of the responsi- WL 95-217)provided that all of the.(ondfnon, listed herein ;tie rlwt
balm, of obtaining any other permis51on, consent or approval from 1(l All activities authorized by this permit must be 1n +Intl (onlorntanl,•
the U.S. Arm\• Corps of Lngfneers, U.S Coast Guard. New fork Stale with the approved plans Submitted by the applicant or his agent as p,lrl
C)fffce rn General Services of local government which may be required of tite pernut application.
1 i All ne(e%sa ry precautions shall be taken to preclude contamination Such approved plans were prepared by R. Van Tuyl
of am' wetland or waterwayby suspended solids, sediments, fuels.
solvents, lubricants,epoxy coatings,paints,concrete, leachate or any dated 9/3/87 latest rev. and annotedol y ESL 9/10/87
SPECIAL CONDITIONS
� l
1. There is to be no clearcutting or placement of fill within 20' of the "edge of wetlands" line I
shoran on referenced plans.
i
2. Driveway is to be of pervious material.
i
Supplementary Special Conditions (A) 'thru W attached.
I
j I
I - I
� l
l
i
i I
I
DEC PERMIT NUMBER
10-87-1148
PROGRAM/FACILITY NUMBER
N/A Page —Z of
COUNTY OF SUFFOLK
MICHAEL A. LG' GRANDE
SUFFOLK COUNTY EXECUTIVE
SOIL AND WATER CONSERVATION DISTRICT 9, a,� STANLEY A.PAUZER
DISTRICT MANAGER
September 28, 1987
Mr. Gerard P. Goehringer, Chairman
Southold Town Board of Appeals
Main Road
Southold, New York 11971
Dear Mr. Goehringer:
We have made an assessment of Appl. No. 3669 - MICHAEL AND BETH LADEMANN
(Variances) as per your letter of request dated September 8, 1987.
A site inspection conducted on September 22, 1987 revealed that the proposed
dwelling with attached deck would be constructed along the northern bank of a
natural drainageway outletting into East Creek. Soils on the site are mapped as
Carver and Plymouth sands with 15 to 35 percent slopes. A soil boring at the
proposed dwelling location confirmed the soil mapping and found ground water
approximately 56 inches below the ground surface.
Limitations of this soil regarding homesites, sewage disposal fields and lawns-
landscaping are rated as severe and are difficult to overcome. The major limiting
soil characteristic is the slope. In addition, the septic system's leachate
would be a possible pollution hazard to surface waters due to the rapid permeability
of the soils. Establishment of lawns and landscaping plants will be difficult due
to the steep slope and sandy soils. Soil erosion during the house construction and
until permanent vegetative cover is established will be a problem. -Up-on -the land-
,owner_1 s_request,-.__an erosion and sediment plan could be prepared by this office to
,l.imt_soi.l__erosion on the site during construction.
Since the property is in a drainageway, occasional seasonal flooding may occur.
Special attention should be given regarding final grading plans of the site, pro-
posed dwelling elevations and septic system location.
During the field inspection a small "catch basin" type structure with a pipe outlet
was found in the northwest corner of the lot. The outlet pipe of the structure 'ap-
peared. to outlet on the property approximately 6.0 feet from the structure, toward
the south. At the outlet of the pipe there is an open ditch which conveys surface
runoff water into the center. of the drainageway. Maintenance. responsibilit_ies of
the structure, pipe and open ditch should be noted.
If you require any additional information, please contact our office.
Sincerely, y� Q
C,Thomas J. c ahon,
Senior District Technician
(516)727-2315 f��. t / ✓/
164 Old Country Road, Riverhead, New York 11901
Page 3 - Notice of Hearings
N6tification List
ZBA Regular Meeting 10/8/87
Copies to the following 9729/87 :
0310I
Mr. Dean Kamen and Mr. James R. Maher , 340 Commercial St . , Manchester , NH
Mr. John H . Thatcher , Jr . President , F . I . Conservancy , Box 553 , FI 06390
Mr . John H . Thatcher , Jr. , Box 132 , Green Village , NJ 07935
Mr . George Campbell , Director , Mashantucket Land Trust , Box 178 , Sto - -
ington , CT 06378
Mr . Charles B. Ferguson , President , The Henry L . Ferguson Museum ,
Fishers Island , NY 06390
Justice and Mrs . Joseph J . Snellenburg II , Private Rd , Southold 11971
Philip J . Cardinale , Esq . , Jamesport Center , Jamesport , NY 11947
Mrs . Donald E . Dean , 9 Yorke Road , Mountain Lakes , NJ 07046
Mr . and Mrs . Gerard C . Keegan , 151 Brixton Rd , Garden City , NY 11530
Mr. George Marrone , Cartlandt Manor Road , Katonah , NY 10536
Rudolph H . Bruer , Esq ., Edson & Bruer , Main Road , Southold , NY 11971
Patricia C. Moore , Es'q .
as At,toi,rneys for Mr . Clyde Fritz , North Road Associates , Ana G . Stillo ,
and Kevin Knobloch (Mario Castelli Matter )
Mr. John J . Munzel , as Attorney for Mr . Mario Castelli
548 Roanoke Avenue , Riverhead , NY 11901
William D. Moore , Esq . , as Attorney for Quiet Man Inn
Main Road , Clause Commons , Suite 3 , Mattituck , NY 11952
Mr . and Mrs . Robert H . Frey , 20 Hewitt Road , Rockville Centre , NY 1157Q
Michael J . Hall , Esq . , as Attorney for Mr . and Mrs . Michael Lademann
Youngs Avenue , Southold , NY 11971
Z . B . A. Chairman and Members
Southold Town Planning Board and Town Planner
Supervisor F. J . Murphy
Building Inspectors
Posted on Town Clerk Bulletin Board and ZBA Office Wallboard
Personal Delivery to the Suffolk Times and L . I . Traveler 9/29/87 a .m .
b
Town Hall 53095 Main Road
T P�4-•2 `A P.O. Box 1179
Southold, New York 11971
JUDITH T. TERRY TELEPHONE f
TOWN CLERK (516)765-1801
REGISTRAR OF VITAL STATISTICS OFFICE OF THE TOWN CLERK f
TOWN OF SOUTHOLD I
September 4, 1987
I
TO: Southold Town Zoning Board of Appeals
FROM: Judith T. Terry, Southold Town Clerk
Transmitted herewith is Zoning Appeal No. 3669 application of Michael & Elizabeth
Lademann.. for a variance. Also included in notification to adjacent property
owners; Short Environmental Assessment Form; Letter relative to N.Y.S.
Tidal Wetlands Land-Use; Notice of Disapproval from the Building Department;
survey of property; and any other attachments relative to this application.
0
Judith T. Terry
Southold Town Clerk
i
September 24, 1987
Mrs. Elizabeth Lademann
645 Pine Neck Road
Southold , New York 1971
•Suffolk .County Department of Health Services
Waste Water Management
Suffolk County Center
Riverhead , .New York 11901.
Re : Michael and Elizabeth Lademann
Reference No. : 87SO-109
Gentlemen :
In connection with the above matter, enclosed please find three
additional proposed surveys.
Please note that the proposed dwelling has been moved 15' to the
east in order to widen the wetlands setback.
Please be so kind as to notify me if this new location is
satisfactory with your department .
I have enclosed a copy of your approval dated June 1 , 1987 .
Sincerely,
Llizabeth Lademann
enc .
cc : Southold Town
Zoning Board of Appeals
Southoldof Appeals
(WAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971
TELEPHONE (516) 765-1809
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS, JR.
SERGE DOYEN,JR.
ROBERT J. DOUGLASS September 11 , 1987
JOSEPH H. SAWICKI
Michael J . Hall , Esq .
Youngs Avenue
Southold , NY 11971
Re : Appl . No . 1669 - Michael and Beth Lademann (Variances )
Dear Mike :
This letter will acknowledge receipt of your recent
application before the Board of Appeals . The Board members
will be conducting field inspections .and environmental
reviews - as may be required by State and local laws prior
to , advertising this matter for a public hearing .
It is requested that upon receipt of the action
taken by the N . Y . S . Department of Environmental Conserva-
tion , the Board will authorize advertisement of the Legal
Notice in the Long Island Traveler-Watchman and Suffolk
Times .
Our next advertising deadline is September 25th for
our October 8th Meeting. We ask that you keep us advised
regarding developments . Thank you .
Yours. very truly ,
GERARD P . GOEHRINGER
-CHAIRMAN
n owaI ski
9. �O `7Lt�r ��`L•G >,�. 1-t>CCC.I d� Cl� ClY«J I.1G �r2.r.c isr"�..t/
"- r
10" r!rJ 1J��i/a� 2 f e cside
L/ ;
z
Town B®ard of Appeals
Southold . .
MAIN ROAD STATE ROAD 25. . SOU THOLD-,.L.I., N.Y. 11971
TELEPHONE (516) 765-1809 .
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS, JR.
SERGE DOYEN, JR.
ROBERT J. DOUGLASS
JosEPH H. sawlcKl September 8 , 1987.
Mr. Stanley A. Pauzer , District Manager
Suffolk County Soil and Water Conservation District
127 East Main Street
Riverhead , NY 11.901
Re : . .Appl . : No . 3669 - MICHAEL AND BETH LADEMANN (Varian.ces )
Dear Mr . P'auzer :
Tr,
We .presently have an application pending in which the
property owner proposes to construct an 36 ' by 42 '
dwelling with attached deck, all as more particularly
shown on survey amended September 3 , 1987 , prepared by
Roderick. VanTuyl , P . C .
May we ask your assessment of this project prior to
our : scheduling this matter for a public hearing?
Enclosed for your file are copies of the survey ;
Suffolk County Tax Map of the area and appeal application:,.: . :
Please don ' t. hesitate to call if additional informati.on
is neces.sa.ry... : .
Thank you for your assistance .
Yours very truly;
GERARD P . GOEHRINGER
CHAIRMAN)
Enclosures inc�a" KZrsk `����
UU HENRY P. SMITH, President � '+ LA . G
JOHN M. BREDEMEYER, Vice-Pres. mi1 �°- TELEPHONE
(516) 765-1892
PHILLIP J. GOUBEAUD w
ALBERT KRUPSKI, JR.
ELLEN M. LARSEN
BOARD OF TOWN TRUSTEES
TOWN OF SOUTHOLD
Town Hall, 53095 Main Road
P.O. Box 728
Southold, New York 11971
September 1, 1987
Mr. & Mrs. Michael J. Lademann
645 Pine Neck Road
Southold, New York 11971
Re: Waiver request - Stillwater Avenue, Cutchogue, New York
Dear Mr. & Mrs_, Lademann:
The following action was taken by the Board of Town Trustees
during their regular meeting held on August 27, 1987 regarding the
above matter.
RESOLVED that the Southold Town 'Trustees Approve the request made by
Michael J. and Elizabeth A. Lademann for a waiver of the Wetland Ordinance
for the construction of a one family dwelling on property located7 on a right
of way off of Stillwater Avenue, Cutchogue all in accordance with the survey
submitted dated May 5% 1987.
Please be advised that there is a $25.00 fee for the waiver granted.
Very truly yours,
Henry P. mith, President
Board of Town Trustees
HPS;ip
cc: Robert A. Greene, D.E.C. , Stony Brook
Commissioner Henry G. -.Williams, D.E.C. , Albany
Stephen Mars, Army Corps of Engineers .
Thomas Hart, Coastal Management
Conservation Advisory Council
Bldg. Dept.
Board of Appealse/
File
- KI SUFFOLK CO. HEALTH DEPT. APPROVAL
. H. S. 'NO.
- -_� — �414�if �t11 1 _i�}iPC - � �e 'i ( ;•i E`1
1/7 F=IRN; '.rt7c7�i. 36G_8.l�_ � -
\t `i._ ._C0t•1iL;js
•
S \ STATEMENT OF INTENT
-
�� 1`' j� �` �.Q� "� : .` ' :itA� ! 3Y',. _ • `` THE WATER SUPPLY AND SEWAGE DISPOSAL
SYSTEMS FOR THIS RESIDENCE WILL
CONFORM ;.TO THE STANDARDS OF THE
17 r 1 ` SUFFOLK CO. DEPT. OF HEALTH SERVICES.
; A- APPLICANT-
,l P_OOL SUFFOLK ' COUNTY,- DEPT. OF HEALTH
Z ?ODP.
SERVICES — FOR APPROVAL OF
8� t7
CONSTRUCTION-ONLY
'A-' H U�Sz �-� �_ �� -• DATE:
H. S. REF. NO.
APPROVED:
lbro
-�'- ,I' SUFFOLK CO. TAX MAP DESIGNATION:
_ K ` cR G - - J / - DIST. SECT. BLOCK PCL.
OWNERS ADDRESS:
��S r'_{N
SOUTHOL_D, N.Y. i i9-7i
` xl ,+; ~`` �'� ` `� 1 . •N>y DEED:.L.:E•sL _ . i.P.i.
TEST HOLE STAMP
:r:;,t:*h,<1,17^=3 alteration or addition
F. G1.: ¢ tr;: r Ay is a v;o!ation of
t MOP
�t i E.� ' an 72.02 of the NOW York St""
1 IaW.
sviss
�ey1Gr s inkod 2,51 otoiltF�
s®F:gdt^It rra:lixt alnsSdaota.d
ue'valid truo C��y. '-
fr" ^I-ItvarrA'�'�/ di.�./ye_t'Z,_J.9 -7. QUA,ancxr;inu!ccYedhGa��n4h^d!aLYe# to_ rv, ._ w 1 4 f « C .. {` l F es. f " ; F✓" _ _ ~� r a $ /I only t-�t"F'°raan f^r.w�ttrcm the WV6V
_ _ _._ _ - __"__- _._. --'1: . •a' ��� �� ���� is�r3s+zrsd.2nc3 an his t�ha!f toot®
tit'ncornF,any.`9nvcrnnmtn aiontyent7
l " r -fir i* +V 1oncane;institution listed hcroan and
t—
tW�L- to the s9s;tanaas of tho nut tra dar9
tt�-ion.t'suz,rentoes aro nut 4ransfer�!al
4 + ( t.. ! 'is'C ,• .• r. ._ - to Tc4Fl7i1`Jn(dl 1 .'tr°iAna or su uen
vV
1', t �: r-- a MA`S S _+i �7 vim;v
. U1��;
V �.RODERICK.VAN VAN P.
�. LICENSED'I AND-SUR EYORS
_ - _ GREENPORT,- NEW YORK
TELEDYNE POST N81329
- Spnnkler `-- Forever Green." along aprivate aright-o^'—
�� ®61���n� Location c perty:'South Side and
from the nearest we
61 of North 1-___•,C.R.48),Peconic, grasses,premises known at. .
° NY;County Tax Map Parcel No. £erred to .
as Lot No. 1, Map of
1000-69=4-1.3. Blum and Littell, located along
NOTICE OF HEARING 8:10 p.m. Appl. No: 3653 — the East Side of Stillwater Av-
NOTICE . IS HEREBY. NORTH ROAD, 1 AS- enue, Cutchogue, NY; County STATE OF NEW YORK �
f.VEN,pursuant to Section 267 SOCIATES., (Recessed from Tax Map Parcel No. 1000-103-1- ) SS:
the Town Law and the Code of 9/10/87). . 19.6.
e Town of Southold,the follow- 8:15 p.m. Appl. No. 3693 and The Board of Appeals will COUNTY OF SUFFOLK
a.hearings will be held by the No. 3659—QUIET MAN INN. ear at said time and place all
)UTHOLD TOWN BOARD (Both hearings recessed from persons or representatives desir
F APPEALS at a Regular 9/10/87). ing to be heard in each of the Christina C o n to n t0— or
Feting a°t the Southold Town 8:25 p.m. Appl. No. 3664 — above matters. Each hearing geld County, being duly sworn, says
rill,Main Road,Southold,New ANA-G. STILLO. Variance to will not start before the time al-
,rk, on THURSDAY, OC- rescind prior decision rendered lotted. Written comments may Principal Clerk of THE SUFFOLK TIP-
3BER 8,1987atthefollowing under Appeal No. 3562 on De- be submitted r�r to the cognclu- Newspaper, ublished et Greenporr,
nes: cember 11, 1986 for a condi- lion of the sub•ect.hearin ForP
7:35 p.m. Appl. No. 3651 — tional approval under New York more information, please call Of Southold, County of Suffolk an(:_
AN KAMEN. (Recessed Town Law, Section 280-a, and 765-1809.
)m 9/10/87). deleting Condition No.2 of prior Dated:September 28,1987., York, and that the Notice of which
7:40 p.m. Appl. No. 3592 — decision rendered under Appeal B.Y ORDER OF a printed copy, has been regularl-
:NTE SNELLENBURG. No. 3619 on April 2, 1987, and THE SOUTHOLD TOWN
ecessed from 8/20/87). as an alternative being subject BOARD OF APPEALS said Newspaper Once each wee,
7:45 p.m. Appl. No. 3668 — to New York Town Law, Seac- GERARD P.GOEHRINGER, Weeks successively, Commencing r
"BARD C. KEEGAN. Vari- tion 280-a over the existing CHAIRMAN
ce to the Zoning Ordinance, right-of-way approximately 100 Linda Kowalski, day of October_ _ _ 198
title XI,Section 100-119.1(C) ' ft. to the.east of the subjeact Board Secretary
approval of construction of right-of-way (approved or to be 1T01-5726 y `
ice in the easterly frontyard approved and accepted by the M
:a at a height of six feet.Loca- Planning Board for this set-off
n of Properi.y: West Side of division of land), located along -- -----
unders Path and East Side of the north side of Main Road, Principal
bart Road, Southold, NY; Orient, NY; County Tax Map
unty Tax Map-Parcel- No. District 1000, Section 14, Block I
)0-64-4-10; Founders Estates 2;Lot 26 and Lot 12.2. Sworn to b®lore,me this__._.L___
39. 8:35 p.m. Appl. No. 3670 —
.50 p.m. Appl, No.',3657' — ROBERT H. FREY. Variance day of
YDE FRITZ. Variance to to the Zoning Ordinance,Article l 1 NOTARY N—L
Zoning Ordinance,I Article XI,Section 100-119.2 for permis- Sultolk
Section 100-31 for approval sion to locate open deck con- ,L f L �rL�, Term E cp:=
insufficient lot area, width struction with an insufficient / l
depth of two proposed par setback from existing bulkhead
fronting along the westerly at Harbor Lights Estates, Sec-
e of Cedar Lane, Southold, Von 1,Lot..10, Southold, NY;
County Tax Map Parcel+No. i County Tax. Map Parcel No.
10-78-7-45.1, containing a. . 1000-79-04-08..•: 1 . .
al area of.694 of an acre. 8:45 p.m. Appl. No. 3669 =
:55 p.m. Appl. No. 3663 — "ICHAEL AND ELIZABETH/o°
t10 CASTELLI. Variance LADEMANN. Variances to the
he Zoning Ordinance,Article Zoning Ordinance, Articlb III,
Section 100-30 for approval Section 100-31 and Article XI, i
ign as exists of excessive size Section 100-119.2 for permission-
'his "A-40" Residential and to locate new dwelling with in=
icultural Zoning District sufficient setbacks from the
advertising"Landscaping& rtherly front property line
. oS�FFo�co
T Southold Town Board of Appeals .,
MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971
TELEPHONE (516) 765-1809
APPEALS BOARD
MEMBERS
October 8, 1987
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS, JR. S.E.Q.R.A.
SERGE DOYEN, JR.
ROBERT J. DOUGLASS NEGATIVE ENVIRONMENTAL DECLARATION
JOSEPH H. SAWICKI
Notice of Determination of Non-Significance
APPEAL NO. : 3669
PROJECT NAME: MI'CHAE'L 'AND' 'EL'I'Z'AB'E'TH 'L'ADEMANN
This notice is issued pursuant to Part 617 of the implementing
regulations pertaining to Article 8 of the N.Y.S. Environmental
Quality Review Act of the Environmental Conservation Law and Local
Law #44-4 of the Town of Southold.
This board determines the within project not to have a signifi-.
cant adverse effect on the environment for the reasons indicated
below.
Please take further notice that this declaration should not be
considered a determination made for any .other department or agency
which may also have an application pending for the same or similar.
project.
TYPE- OF ACTION: [X.] Type II [ ] Unlisted [ ]
DESCRIPTION OF ACTION: permission to locate new dwelling with
insufficient setbacks from front property line .line and from nearest.
wetland grasses
LOCATION OF PROJECT: Town of Southold, County of Suffolk, more
particularly known as: Stillwater Avenue., -Cutchogue, NY
1000-103-1-19 . 6
REASON (S) SUPPORTING THIS DETERMINATION:
(1) An Environmental Assessment in the short form has been
submitted which indicates that no significant adverse effects to
the environment are likely to occur should this project be imple-
mented as planned;
(2) Information has been submitted by applicant or his agent in-
dicating that the project will not involve the disturbance of wetlands
grasses or areas subject to flooding which may be considered wetlands.
FOR FURTHER INFORMATION, PLEASE CONTACT: Linda Kowalski, Secretary,
Southold Town Board of Appeals, Town Hall, Southold, NY 11971; tel. 516-
765-1809 or 1802.
Copies of this notice sent to the applicant or his agent and posted
on the Town Clerk Bulletin Board.
(3) The relief requested is a setback variance as regulated by
Section 617. 13. 6 NYCRR, SEQRA.
me
e
NOTICE OF HEARINGS
NOTICE IS HEREBY'GIV
EN,pursuant to Section 267 of, COUNTY OF S U F FO L K
the Town Law and the Code of ss
STATE OF NEW YORK
the Town of Southold, the
following hearing's will be held
by the• SOUTHOLD -TOWN
BOARD OF APPEALS at.a Patricia Wood, being duly sworn, says that she is the
Regular Meeting at the Southold
Town .Hall, Main Road, Editor, of THE LONG ISLAND TRAVELER-WATCHMAN,
Southold,NY onTHURSDAY, a public newspaper printed at Southold, in Suffolk County;
OCTOBER 8. 1987 at the .
following times: and that the notice of which the annexed is a printed copy,
7:35 p.m. Appl. No.-3651 has been published in said Long Island Traveler-Watchman
DEAN KAMEN. (Recessed " once each week for . . . . . . . . . . . . . . . . . . . . < . . . . . weeks
from 9/10/87).
7:40 p.m. Appl. No. 3592-
BENTE SNELLENBURG..., successively, commencing on the /. . . . . . . . . . . . . . . . . . . . . . .
(Recessed from 8/20/87).
7:45 p.m. Appl. No.-3668-,'
GERARD C. KEEGAN. d of . . . . . . . . . 19 .J7.
Variance to the Zoning•Or '
dinance;'"Article XI, Section .; —"-- CJ ---f—`�
100-119.11(C)for approval of con- . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
struction of fence.in the easter=
ly frontyard area at a height of
six feet. Location"of'Property:,:•,
West Side of Founders Path and
East.Side of. Hobart' Road;.Southold,NY;County Tax map_ Sworn to before me this . . . . . . . . . . . . . . . . . . . . . day of
Parcel No. 1000-64-4-10;..
Founders Estates Lot 39. �( e y . 19 -7
7:50 .p.m. Appl. No: 3657- r . 8:35 p.m. Appl. No. 3670-
CLYDE FRITZ.Variance.t the r„ ROBERT H.FREY.Variance to ''I
Zoning Ordinance, Article-111, the Zoning Or inanee;�Article'
Section 100-31 for:approval.of• ".
insufficient lot area;width;'and. Xl, Section.100-119.2 for per—
mess�on to locate open deck con: O
depth of two proposed parcels-' :':,,structwn with:an'insufficient . •`�`•L"• . • .� :!. . . . . . . . . . .
fronting'alongthewesterlyside setback,froinexistingbulkhead • Notary Public
of Cedar Lane, Southold„Nl;:'.:' at Harbor Lights Estates, Sec=
County Tax' Map'Parcel, -a. ,, tion 1, Lot 10,'Southold, NY; I3ARBARA Fi)R111:S
1000-78-7-45.1, containing a Count Tax Ma Parcel H•',
total area of .694 of an acre.':-,, y P• 1`l0• Notfl,y 1'ul., St„t.,, �,r New York
7:55 p.m. Appl. No. 3663- 1000-79 04-08. , No. �s,:t�s•,a
MARIO CASTELLI. Variance,,,, . . 8:45, p.m. Appl. No. 3669- t2nnGiie,1 in :;uf.l'ulh Cou,iLy
ICHAEL • AND Con„v,i:;;ion Expires Z,6 � _1 i lg,S,P
to the Zoning Ordinance, Arti ELIZABETH ' LADEMANN.f
cle 111, Section 100-30"for'ap-:,`:I Variances to the Zoning Or-
proval of sign as exists of ex=" Varian ,
cessive size in this "A..Q"' . dinan.e+__Article Ill Section
Residential- and Agricultural. ` 100-31 and Article XI, Section
Zoning District and advertisingY 100-119.2 for ,permission to
Landscaping & Sprinklers by " locate new dwelling with insuf-
Forever Green:' Location of: ficient setbacks from the nor-
Property: South Side of North'- therly'front property line along
Road (C.k. 48), Peconic, NY;.:. a private right-of-way and from
County Tax Map Parcel No. the nearest wetland grasses,
1000-69-4-1.3 premise's known and referred to
8:10 p.m., Appl No. 3653: . as Lot No::l,"Map of Blum and.
NORTH ROAD ASSOCIATES.'•I' Littell, located along the East
(Recessed from-9/10/87)..., ,.r;'•??i; Side of Stillwater Avenue;Cut-
8:15 p.m.Appl:No.3593:and 11'j' .;chogue,.NY, County 7hx Map
No. 3 0- QUIET MAN INN:' Parcel,No..,1000-103-1-19.6�
(Both hearings.recessed from.. The Board'of Appeals-will
9/10/87):. hear at said time and place all
8:25 p.m..Appl.No.-3664-ANA, i. Persons or"representatives desir-
G.STILLO.Variance.torescind''.i' ing to be heard in.each.of.the /
prior decision-rendered'under! '.t,;above matters.Each hearing will
Appeal No:'.3562 on December.., .j `.not start before the time allot Y,.
(
11, 1986,for a conditional ap- ted. Written comments,may be:',
proval pndeK`:��1ew York:'Town . : >submitted prior,to'the conclu -
Law,Section28l)-a;:aitd deleting sion of the subject hearing.For,
�• ;/
Condition No. 2 of prior deci--` more'information,information,.'please call'
sion rendered under.-Appeal No: 765-1809.
3619 on April 2, 1987,and,as an.] Dated: September 28,.1987
alternative being subject to_New,.., . BY ORDER OF E
York Town Law, Section_280-a''1':>' SOUTHOLD TOWN,
over the existing right-of-way'' '' BOARD OF APPEALS
approximately 100 ft.to the east GERARD;P. GOEHRINGER,.„
of the subject right-of-way(ap- ...; CHAIRMAN.'
proved or to be approved and Linda Kowalski,:
accepted-by the Planning Board Board Secretary ;
for this set-off division of land),": 1T 10/1/87(65)
located along the north side of
Main Road,Orient,NY;Coun-
ty Tax Map'District 1000, Sec...
tion 14,Block 2,Lot 26 and Lot
12.2. "
05� FULA-
{ rx Southold Town Board of Appeals
�X� � � MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971
TELEPHONE (516) 765-1809 .
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS, JR. _
SERGE DOYEN, JR.
ROBERT J. DOUGLASS
JOSEPH H. SAWICKI
TO WHOM IT MAY CONCERN :
Enclosed herewith as confirmation of the time and date
of the public hearing concerning your recent application is
a copy of-- the Legal Notice as published in the L . I .. Traveler-
Watchman , Inc. and Suffolk Weekly Times , Inc .
Someone should appear in your behalf during the public
hearing in the event there are questions from board members
or persons in the audience . Please be assured that your'
public. .hearing will not start before the time allotted in
the Legal Notice .
If you have any questions , please feel free to call
our office , 765-1809 .
Yours very Z
1
G RARD P . GOEHRrNGER
CHAIRMAN
Linda Kowalski
Secretary and Board Clerk
Enclosure
BOARD OF APPEALS, TOWN OF SOUTHOLD
In the Matter or the Petition of
Michael & Elizabeth Lademann NOTICE
TO
to the Board of Appeals of the Town of Southold ADJACENT
TO: Mr. Edward Brush Mr. & Mrs. Steven B. Wrc�PPERTY OWNER
Stillwater Avenue Stillwater Avenue
Cutchogue, New York 11935 Cutchogue, New York 11935
Reynold Blum & ano
122 Cross Road
YOU ARE HEREBY GIVEN NOTICE:
Oakdale, NY 11769
1. That i • he intention of the undersigned to petition the Board of Appeals of the Town of Southold
to request a ariance (Special Exception) (Special Permit) (Other) [circle choice]
2. That the property which is the subject of the Petition is located adjacent to your property and is des-
cribed as follows: Lot #1, Minor Subdivision of Blum and Littell
District 1000, Section 103. Block 01 Lot 19.6
3. That the property which is the subject of such Petition is located in the following zoning district:
A—Res A ricultural
4. That by such Petition, the undersigned will request the following relief:
Variance for 20'
front yeard set back and Variance for Wetlands set back of 41' `
5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under-
signed are ArticlesIII, XI, I Sections 100-31, 100-119.2, 97-13 (3)
[ ] Section 280-A, New York Town Law for approval of access over right(s)-of-way.
6. That within five days from the date hereof, a written Petition requesting the relief specified above will
be filed in the Southold Town Clerk's Office at Main Road Southold, New York and you may then and there
examine the same during regular office hours. (516) 7d5-1809.
7. That before the relief sought may be granted, a public hearing must be held on the matter by the
Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such
hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the
Town of Southold.and designated for the publication of such notices;that you or your representative have.the
right to appear and be heard at such hearing.
Dated: September 3, 1987
Michael & Elizabeth Lademann
Petitioner
Owners ' Names : same
Post Office Address
645 Pine Neck Road
Southold, New York 11971
a
PROOF OF MAILING OF NOTICE
ATTACH CERTIFIED MAIL RECEIPTS
NAME ADDRESS
14 -e, a a4oy,..o, I'1�✓ �i S
1t r"/Y'_�--N 6'kc-v -J-cc-� t".o s S IZ 0 o`c(, CJ c.��<eQ IA`41�^ 1(_7 r.
3
R
f
STATE OF NEW YORK ) ss.:
COUNTY OFSUFFOLK)
F1 ;zahetr T.ademann residing at 645 Pine Neck Road, Southold, New York
being duly sworn, deposes and says that on the day
of RP=hemixer 19 97 deponent mailed a true copy of the Notice set forth on the re-
verse side hereof, directed to each of the above-named persons at the addresses set opposite their respective
names;that the addresses set opposite the names of said persons are the addresses of said persons as shown on
the current assessment roll of the Town of Southold;that said Notices were mailed at the United States Post Of-
fice at Sputbold, New Vnrk ; that said Notices were mailed to each of said persons by
(certified) (ram) mail.
izabeth Lademann
Sworn to before me this
day of—� or , 198:7
Notary Public HMENK.DEVOE
NOTRlZY PUBLIC,State of New York
No.4707878,Suffolk County8 7
Term Ex 'res(arch 30,19.._
(This side does not have to be completed on form transmitted to adjoining
property owners .. )
SHORT VIV1ROiridUTAL A!;: 14l:11 f i'�1114
INSTRUCTIONSt
(a) In order to answer the questions in thin nhort EAV is is aonurrod that the
proparor will use currently available infonnition concorning tho project and the
likoly impacts of the action• It is not expected that Udditic,,3111 :,cl,ciiac, roccurch
or other investigations will be tindortaicon.
(b) If any quastion has boon answorc,d 'lr::, Li,e pro jc:ct r-ny bo :,lynificunt and a
ccrplotad Environnental Assessment Form is necessary.
(e) If all questions have been answered No it is litcoly thnL' this: p,ro,jc:ct is
not significant•
(d) )=nvironrieninl Aninnnment
1. Will project result in a largo }�hyoicul clu,ngo
to the project site or physically filter, more
than 10 acres of land? • • • • . . • • • • • Yf: �fp
2. Will 'there be a major change to any unique or
unusual land form found on the site? . . . . `� Tun V do
j. Will project altor ,or have a large uffoct on
an exiating body of water? . . . . . . Yc;, too
V 4. Will project have a potontially largo impact, on /
groundwater quality? Y11:, L, Ike
$. Will project significantly. effect drafnu ,u i'lcr,, �
rl. N � ' on adjacent sites? . • • -. . . . . . . . . Y-,•, o= • I
r. 6. Will project affect any throntunod or endunwerod
species'?plant or ani7.11 �y 'lc: , lo
r _ rn 7• WM pro act result in it ,rajor ullvcu•ac, effect oil
ri air quality? AZ
No
:l: o
'— do Wi11 project have 'a ma jor offoct Cn vis„c,l char.-
aster of the community or seenlc vie.rn or v-istur;
<� lcno%m to be i-pertain to the cO,r.:nun.iLy'l Yc.� . No
9• Will project advarooly impact any nits, or ntruct�-
ura of- hiatoricp pro--historic, oz• puloontologicui
Importance or any site designated n:: it critical
onvironmental area by a local agency? . YO:, J_Zla
10. Will project have a mn jar• 6ffoct on exi:,t.n,, or
future racreational opportunitie3'1 . - Ycs
J11. Will projoct.rooult' in r.n jar traffic problemn or
cause a major affect- to axlstinf;. crnnnpur ratio;,
12. Will project- rogiLlarly cat,c,o Objectionable odor.--,
noise, Clara., vibration, or electrical -dinLuri,
- ante as a result of the pro ject's cperati ion? 7,•;; �lio
J --
13• Will project have any li1pact on pui>l.ic hLi,lth or /
11.. Will..projoct dffoct tho exi:rLini; cemrnunity t;y
directly causing .'t gru�rth in pLrm,ir:r•.nt i:.c;f,uln
tion el' morci than 5 percent Ovor a c•ne•-your
pr.riod or 11,�v1 a m.ijor nvi;iir."v : offect un
character of the rrs comrn r ity , nLl,;t,L,rrhrcd" . Y.
15. ' Is. there public coil
trovur_rt�y,�Q,/cin;c r:,'iiir,; [I:r, �rro� :r.t , _ ✓%';o
PREPARER'.S SIGNATURE:`I� t�:� l<� ��1[I'i TI'i'L:': Owner__
f?Ea'R.ES'c;;TI::C: _ DATE. September.--Z,-=1987 _
-QUESTIONRAIRE TO BE COIMPLETED ANO SUBMITTED
WITH YOUR APPLICATION FORh1S TO TIIE BOARD OF APPEALS
Please complete , sign and return to the Office, of the Board of Appeals
with your completed application forms . If "Yes " is answered to any
questions below , please be sure to depict these areas on your . survey
(or certified sketch,) , to scale, and submit other supporting documenta-
tion.
I . Are there any proposals to change or alter land contours ?
Yes N6
2 . a ) Are there any areas wnicn contain wetland grasses ?
(Attached is a list of the wetland grasses defined by
Town Code , Ch . 97 for your reference . ) QLes N1
*b ) Are there any areas open to a waterway without bulkhead? Yes
3. Are there existing structures at or below ground level ,
such as patios , ' foundations , etc? Yes oN,-
Are there any existing or proposed .fences, concrete
barriers , decks , etc? Yes N�
5.. If project is proposed for an accessory building or
structure , is total height at more than 18 feet above
average ground level ? State total : _ ft . Yes _Re
6. If project is proposed for principal building or
structure , .is total height at more than 35 feet above
average ground level ? State total : ft . Yes Ni
7 . Are there other premises under your ownership abutting
this parcel ? If .yes , please - submit copy of deed. Yes
8. Are there any building permits pending on this parcel
(or abutting land under your ownership , - if any ) ? Yes Np
State Permit # and Nature :
9. Do state whether or not applications are pending
concerning these premises before any other department
or agency (State , Town , County , Village , etc . ) :
P l a n n i n g . Board approved subdivision 6/22/81 Y e s N e,�
Town Board Yes G
Town Trustees Waiver granted 8/27/87 Y e s N�"
County Health Department _approval obtained 6/1/87 Yes N6
Village' of Greenport - Yes �D
N . Y . S . D . E. C. ' -approval pending Y e s _ Nc
Other Yes
10 . Is premises pending a sale or conveyance ?
If yes , pleas-e submit copy of names or purchasers
and conditions of sale . (from contract ) . Yes Nv
11 . Is new construction proposed in the . area of contours �
at 5 feet or less as exists? Yes Nc
12 ". If new construction. is proposed in an area within
75 feet of wetland grasses , or land area at an eleva-
tion of five feet or less above mean sea level , have
you made application to the Town Trustees for an
inspection for possible waiver or permit under: Ye No
the requirements of Ch". 97 of the Town Code ?
13 . Please list present use - or operations conducted upo-n the
subject property at this time vacant land
and proposed single family dwelling
*Please submit photographs for the record .
I certify that the abo.,ve sta-tements are true an-d . are being submitted for
reliance by the B and of Appeals in- considering my. appli.cation .
C� _
SignaEure Property O,iner . Authorized Ayent
Elizabeth Lademann
3 13 7 lk
§ 97-13 WETLANDS § 97-13
TOWN — The Town of Southold.
TRUSTEES — The Board of Trustees of the Town of
Southold. [Added 6.5-84 by L.L. No. 6-19841
WETLANDS [Amended 8-26-76 by L.L. No. 2-1976; 3-26- _
_ 85 by L.L.No.6-1985]:
A. TIDAL WETLANDS:
(1) All lands generally covered or intermittently cov-
ered with,or which border on, tidal waters,or-lands
lying beneath tidal waters, which at mean low tide
are covered by tidal water:} to a maximum depth of
five (5) feet, including but not limited to banks;
bogs, salt marsh, swamps, meadows, flats or other
low lying lands subject to tidal action;
(2) All banks, bogs, meadows, flats and tidal ,marsh
subject to such tides and upon which grows or may `
grow some or any of the following: salt hay, black
( grass, saltworts, sea lavender,. tall eordgrass,- high
bush, cattails, groundsel, marshmallow and low
march cordgrass; and/or
(3) All land immediately adjacent to a tidal wetland as
defined in Subsection A(2) and lying within seven-
ty-five (75) fcct landward of the most L•rndwai.rl
edge of such a tidal wetland.
B. . FRESHWATER WETLANDS: -
(1) "Freshwater wetlands" as defined in Article 2.1, Ti-
tle 1, § 24-0107, Subdivisions 1(a) to 1(d) inclusive,
of the Environmental Conservation Law of the State
of New York; and
(2) All land immediately adjacent to a"freshwater wet-
land,'as defined in Subsection I3(1)and lying with-
in seventy-five (75) feet landward of the most land-
ward edge of a"freshwater wetland."
9705 2.25.85 '
SSod�S
FORM NO.4
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
Town Clerk's Office
Southold, N.Y.
Certificate Of Occupancy
L 1.2766
No. . . . . . . . . . . . Date . . .s eP.t. .1?. . . . . . . . . . . . . . . . .. . ..
THIS CERTIFIES that the Aqo VACANT . . . . . . . . . . . . .
Location of Property . . R'.Q W,. Qf �or. A.va:
House No. Street Hamlet
County Tax Map No. 1000 Section . . . . .103. . . .Block . . 1. . . . . . . . . . . .Lot . .1. .6. . . . . . . . .
Subdivision . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . Map No. . . . . . . . .Lot No.1.... . . . . . . . . . . .
. conforms substantially to the applicable provisions of the Zoning. . . .
Code of the Town of Southold. The premises are located inthe. . . . . . .
"A" fienideritial-Agricultural Zoned ' District and may be used. .
for such uses as are presently authorized by the Zoning Code in such.
district subject to., however,, all .of the requirements of the Zoning. .
Code.
The certificate is issued to . . . .t. Blum. . . .. . . . .l .
of the aforesaid ,lo I R�]PR X
.-
. . . . . . . R.a.. . . . . . . . . . . . . .
Building Inspector
Standard N.Y.B.T.U. Fotm 8007-10M• -Bargain and Sale Deed,with Covenant against Grantor's Acts—Individual or Corporation.
CONSULT YOUR LAWYER E SIGNING THIS INSTRUMENT SED BY LAWYERS ONLY
lath 95�v ma0 �3'71 —"
08
THIS INDENTURE,made the /6 t day of May UiWnh dr7ane i ghty-f i v e
BETWEEN GLORIA LITTELL, residing at 705 Blue Ridge Drive, Medford,
New York, and MARILYN BLUM, residing at 122 Cross Road, Oakdale, New
York,
party of the first part,and MICHAEL J. LADEMANN and E ZAB_ETH A. LADEMANN, his
+ wife, residing at Box 614/ut"cho'ge;yl�wr`kR�
JUN 7 1985
TAX
S'..!F i FO L K
party of the second part, COUNTY
WITNESSETH, that the party of the first part,inconsideration of TEN DOLLARS and other
valuable consideration
CV5ft u;x
lawful money of the United States, paid
by the party of the second part, does hereby grant and release unto the party of the second part, the heirs or
successors and assigns of the party of the second part forever,
ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate,
lying and being)IYithYs at Cutchogue, Town of Southold, County of Suffolk and
State of New York, bounded and described as follows :
BEGINNING at a point on the easterly side of Stillwater Avenue, 227 . 62
feet southerly from where the southerly line of land of Kosciusko
intersects the easterly side of Stillwater Avenue;
RUNNING THENCE along the southerly line of a certain 25 foot right of
yy way North 67 degrees 05 minutes 40 seconds East, 287 . 54 feet to a point.
+fy;rO4�9 1.
THENCE South 31 degrees 08 minutes 20 seconds East, 100. 00 feet to a
DIST. point;
1000
THENCE South 48 degrees 14 minutes 50 seconds East, 121. 70 feet to a
SEC . point;
103:UU
THENCE South 87 degrees 00 minutes 30 seconds West, 310. 00 feet to a
BLOCK point on the easterly side of Stillwater Avenue;
�Lvu
THENCE along the easterly side of Stillwater Avenue, North 54 degrees
LOT 03 minutes 20 seconds West, 120. 79 feet tb the point or place of
019 . 006 BEGINNING.
TOGETHER with a Right of Way for ingress and egress to and from
Stillwater Avenue over a certain 25 foot strip of land which abuts the
above described parcel on its northerly boundary, and which said right
of way is more particularly bounded ad.d described as follows :
BEGINNING at a point on the easterly side of Stillwater Avenue, 198. 62
feet southerly from where-137e southerly line of land of Kosciusko
i, intersects the easterly side of Stillwater Avenue; running thence North
67 degrees 05 minutes 40 seconds East 753. 71 feet to a. g , point; thence
South 31 degrees 08 minutes 20 seconds East, 25. 26 feet to a point; thei
South 67 degrees 05 minutes 40 seconds West, 742 . 22 feet to a point on
the easterly side of Stillwater Avenue; thence along the said easterly
side of Stillwater Avenue North 54 degrees 03 minutes 20 seconds West,
29 . 21 feet to the point or place of BEGINNING.
TOGETHER with all right, title and interest, if any, of the party of the first part in and to any streets and
roads abutting the above described premises to:the center lines thereof,
TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to
said premises,
TO HAVE AND TO HOLD the premises herein granted unto the party of the second part, the heirs or
successors and assigns of the party of the second part forever.
AND the party of the first part covenants that the party of the first part has not done or suffered anything
whereby the said premises have been incumbered in any way whatever, except as aforesaid.
AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of
the first part will receive the consideration for this conveyance and will hold the right to receive such consid-
eration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply
the same first to the payment of the cost of the improvement before using any part of the total of the same for
any other purpose.
The word "party" shall be construed as if it read "parties" whenever the sense of this indenture so requires.
IN WITNESS WHEREOF,the party of the first part has duly executed this deed the day and year first above
written.
IN PRESENCE OF:
G ORIA LITTELL
MARILYN BLUM
y
STATE OFFNEW Y RK�CO NTY,OF � _ rF Ot;<<
SS: STATE OF NEW YORI LINTY OF SS:
On the I� day of May 19 8 5 , before me On the day of 19 , before me
personally came personally came
GLORIA LITTELL and
MARILYN BLUM
to me known to be the individuals described in and who to me known to be the individual described in and who
executed the foregoing instrument, and acknowledged that executed the foregoing instrument, and acknowledged that
they executed the same. executed the same.
JOHN J HALLERON II[
Notary Public, State of New York
No. 52-673€;800
Qualified in Suffolk County
Commission Expires March 30, 1888
STATE OF NEW YORK, COUNTY OF SS: STATE OF NEW YORK, COUNTY OF SS:
On the day of 19 , before me On the day of 19 before me
personally came personally came
to me known, who, being by me duly sworn, did depose and the subscribing witness to the foregoing instrument, with
say that he resides at No. whom I am personally acquainted, who, being by me duly
that he is the sworn, did depose and say that he resides at No.
of that he knows
the corporation described
in and which executed the foregoing instrument; that he to be the individual
knows the seal of said corporation; that the seal affixed described in and who executed the foregoing instrument;
to said instrument is such corporate seal; that it was so that he, said subscribing witness, was present and saw
affixed by order of the board of directors of said corpora- execute the same; and that he, said witness,
tion, and that he signed h name thereto by like order. at- the same time subscribed h name as witness thereto.
RECORDED AO THE REQUEST
SUPREME ABSTRACT CORP.
A,'E h6aUEST
pup""W ABSM4Cr
o�P
largain aub Oalr Web
WITH COVENANT AGAINST GRANTOR'S ACTS SECTION
TITLE NO. RR 0039 BLOCK
LOT
GLORIA LITTELL and MARILYN BLUM COUNTY OR TG•WN SUFFOLK
TO
MICHAEL J. LADEMANN and ELI ZABETH A. Recorded at Request ofCHICAGO TITLE INSURANCE COMPANY
LADEMANN his wife
STANDARD FORM OF NEW YORK BOARD OF TITLE UNDERWRITERS Return by Mail to
Distributed by
CHICAGO TITLE MICHAEL J. HALL, ESQ.
Youngs Avenue
INSURANCE COMPANY Southold,New York . 11971
Zip No.
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